In 2008, Jean Rudolph died weeks after her son found her emaciated and riddled with open bed sores.

Rudolph's son, James Rudolph, believes the state should have shut down that home long ago -- a move that he believes would've saved his mother.

Family and friends remember Jean as a proud, well-heeled and smart woman.

The day Jean died frail and emaciated, she weighted just 68 pounds. Infected bed sores covered her body. One was so deep it exposed her hipbone.

"It was a grizzly and ghastly, and extremely painful kind of horrific death," said James.

James visited his 87-year-old mother regularly at the former Houghton Lakeview Adult Family Home in Kirkland. But because she was suffering from Alzheimer's disease, she couldn't communicate. James believes his mother's caregiver, Effie Tutor, hid her horrific bedsores with clothing and blankets.

Tutor is currently serving a 31-month prison sentence for her role. With his attorney at his side, James also took aim at DSHS. He filed a lawsuit alleging the state failed in its legal duty to protect vulnerable adults like his mother.

The suit references DSHS inspector reports of alleged violations at the home, all of which occurred prior to Jean's death. The violations cited include improper care of a bedsore patient, medication concerns,and employees hired without background checks.

"They should have shut this facility down," said James' attorney, Tony Shapiro.

Prior to Jean's death, DSHS suspended the home's license and demanded corrections. After Jean's death, DSHS did revoke the license. The state said it's continuing to make improvements, but emphasized that caring for community based patients is "everyone's responsibility."

"If the department shut the facility down, Ms. Rudolph would have been transferred to another home where she would have received much better care," Shapiro said.

"This was not really necessary. It really came about due to neglect," said James.

In its statement, the state also offered its condolences and said it's long term care system is viewed "as a leader in providing an array of living options for vulnerable adults."

The former owner of the home, Patricia Goodwill, lost her license and was criminally charged in Rudolph's death. She'll be sentenced later this month.